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COLONIAL SAND & STONE CO. v. FEHLHABER CORPORATION

No. 83, Docket 28272.

326 F.2d 98 (1964)

COLONIAL SAND & STONE CO., Inc., as owner of the SCOW WINDOW-LIGHT, also known as the C-8, Libellant-Appellee, v. FEHLHABER CORPORATION, Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided January 7, 1964.

Attorney(s) appearing for the Case

Max Taylor, New York City (Maurice A. Krisel and Krisel, Beck & Taylor, New York City, on the brief), for libellant-appellee.

Richard E. Shandell, New York City (Desmond T. Barry and Barry, Treanor, Shandell & Brophy, New York City, on the brief), for respondent-appellant.

Before LUMBARD, Chief Judge, and MEDINA and FRIENDLY, Circuit Judges.

MEDINA, Circuit Judge.

In the early hours of the morning of August 13, 1958 the scow Windowlight, owned by Colonial Sand & Stone Co., Inc., sank at her berth alongside a bulkhead furnished by Fehlhaber Corporation in connection with the construction of the Throgg's Neck Bridge. Judge Knox, whose opinion containing his findings is not reported, sustained Colonial's libel and held Fehlhaber solely responsible for the damage suffered by the Windowlight. Fehlhaber...

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